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§ 2105. Definitions: transferability; "goods"; "future" goods;
"lot"; "commercial unit."
(a) "Goods".--"Goods" means all things (including specially
manufactured goods) which are movable at the time of
identification to the contract for sale other than the money in
which the price is to be paid, investment securities (Division
8) and things in action. "Goods" also includes the unborn young
of animals and growing crops and other identified things
attached to realty as described in section 2107 (relating to
goods to be severed from realty; recording).
(b) Transferability; "future" goods.--Goods must be both
existing and identified before any interest in them can pass.
Goods which are not both existing and identified are "future"
goods. A purported present sale of future goods or of any
interest therein operates as a contract to sell.
(c) Sale of part interest in goods.--There may be a sale of
a part interest in existing identified goods.
(d) Fungible goods.--An undivided share in an identified
bulk of fungible goods is sufficiently identified to be sold
although the quantity of the bulk is not determined. Any agreed
proportion of such a bulk or any quantity thereof agreed upon by
number, weight or other measure may to the extent of the
interest of the seller in the bulk be sold to the buyer who then
becomes an owner in common.
(e) "Lot".--"Lot" means a parcel or a single article which
is the subject matter of a separate sale or delivery, whether or
not it is sufficient to perform the contract.
(f) "Commercial unit".--"Commercial unit" means such a unit
of goods as by commercial usage is a single whole for purposes
of sale and division of which materially impairs its character
or value on the market or in use. A commercial unit may be a
single article (as a machine) or a set of articles (as a suite
of furniture or an assortment of sizes) or a quantity (as a
bale, gross, or carload) or any other unit treated in use or in
the relevant market as a single whole.
Cross References. Section 2105 is referred to in section
2103 of this title.
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Last modified: November 27, 2007 |